Statutory Rules
1975 No. 168
REGULATION UNDER THE DRIED FRUITS LEVY ACT 1971-1975.*
WHEREAS it is enacted by sub-section 6 (2) of the Dried Fruits Levy Act 1971-1975 that, subject to sub-section 6 (1), the regulations may fix an amount per tonne as the rate of the levy imposed by that Act in respect of a specified kind of dried fruits of a specified season:
AND WHEREAS it is enacted by sub-section 6 (3) that, before making any regulations for the purposes of sub-section 6 (2), the Governor-General shall take into consideration any relevant recommendation with respect to a rate of levy made to the Minister by the Dried Fruits Research Committee constituted under the Dried Fruits Research Act 1971-1973, and that regulations shall not be made fixing an amount per tonne as the rate of the levy with respect to dried fruits of a specified kind of a specified season that is higher than the amount per tonne last recommended by that Committee to the Minister with respect to dried fruits of that kind of that season:
AND WHEREAS the rates last recommended by that Committee to the Minister with respect to dried fruits of the season that commenced on 1 January 1975 are a rate of $0.50 per tonne in the case of dried vine fruits and a rate of $2.50 per tonne in the case of dried tree fruits:
NOW THEREFORE I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council and after taking into consideration the recommendation with respect to the rates last recommended to the Minister by the Dried Fruits Research Committee, hereby make the following Regulation under the Dried Fruits Levy Act 1971-1975.
Dated this twenty-fifth day of August, 1975.
John R. Kerr
Governor-General.
By His Excellency’s Command,
Sgd. K. S. Wriedt
Minister of State for Agriculture.
Amendment of the Dried Fruits Levy Regulations†
Regulation 2 of the Dried Fruits Levy Regulations is repealed and the following regulation substituted:—
Rate of Levy.
“ 2. For the purposes of sub-section 6 (2) of the Dried Fruits Levy Act 1971-1975, the rates of the levy in respect of dried fruits of the season that commenced on. 1 January 1975 are—
(a) in the case of dried vine fruits—$0.50 per tonne; and
(b) in the case of dried tree fruits—$2.50 per tonne.”.
* Notified in the Australian Government Gazette on 26 August 1975.
† Statutory Rules 1971, No. 166, as amended by Statutory Rules 1973, Nos. 12 and 120; and 1974, No. 122.
Printed by Authority by the Government Printer of Australia
15221/75—Recommended retail price 5c 10/8.8.1975
Overview
The Dried Fruits Levy Regulations 1975, enacted by the Governor-General on 25 August 1975, were established under the authority of the Dried Fruits Levy Act 1971-1975 to address the need for a regulated financial contribution from the dried fruits industry. These regulations were introduced to implement a levy on dried fruits, specifically targeting dried vine fruits and dried tree fruits from the 1975 season. The primary objective was to ensure that the rates set for the levy were consistent with the recommendations made by the Dried Fruits Research Committee, thereby maintaining a structured and fair contribution system within the industry. The regulations reflect the legislative intent to provide a stable framework for industry contributions while considering expert recommendations to support the sector's research and development activities.
The enactment of these regulations was conducted with due regard to the legislative framework and the advice of the Executive Council, underscoring the importance of a collaborative approach in addressing industry-specific fiscal requirements. By replacing previous regulations, these updated rules provided clear and specific levy rates, ensuring compliance and predictability for industry stakeholders. The policy objective was to support the industry's research and development needs through a systematic levy structure, ensuring alignment with the latest recommendations from the relevant research committee.
Scope and Application
The Dried Fruits Levy Act 1971-1975 applies to the imposition of a levy on dried fruits, specifically dried vine fruits and dried tree fruits, of a specified season. The levy rate is determined through regulations made under the Act, with the amount per tonne for dried vine fruits set at $0.50 and for dried tree fruits at $2.50. This regulation ensures that the levy rate cannot exceed the most recent recommendations made by the Dried Fruits Research Committee to the Minister, as stipulated in the Act. The regulation applies nationally across Australia, affecting all entities involved in the production, importation, or sale of dried fruits within the specified season. Any changes to the levy rate are subject to the consideration of recommendations by the Dried Fruits Research Committee, and these adjustments are implemented through subordinate instruments, ensuring that the levy remains in line with the latest research and recommendations.
Key Provisions
The main operative sections of this legislation are sections 2, which details the rates of the levy imposed on dried fruits, and section 6, which outlines the framework within which these rates are set. Specifically, section 2 sets the levy rates for dried vine fruits at $0.50 per tonne and for dried tree fruits at $2.50 per tonne for the season commencing on 1 January 1975. Section 6(2) stipulates that regulations may fix the amount per tonne as the rate of the levy, while section 6(3) requires the Governor-General to consider any recommendations made by the Dried Fruits Research Committee before making such regulations. Furthermore, the regulations must not exceed the last recommended amount per tonne by the Committee.
This Act imposes several obligations on parties involved in the trade of dried fruits. Firstly, those involved must comply with the specified levy rates set out in the regulations. This includes producers, importers, and exporters of dried vine and dried tree fruits. Additionally, the regulations necessitate that the Governor-General consider the recommendations of the Dried Fruits Research Committee before setting the levy rates, ensuring a level of scrutiny and expert input into the process.
Breaches of the provisions of this Act can lead to various consequences. While specific penalties are not outlined in the provided text, breaches generally result in civil or criminal penalties depending on the severity and intent. The Act's framework implies that non-compliance with the specified levy rates could be treated as an offence, potentially leading to fines or other legal repercussions. The exact penalties would be determined in the context of broader legislative provisions and judicial interpretation.